Council: We are not party in court action
Published on: Thursday, January 24, 2019
PENAMPANG:
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The Penampang District Council (PDC) clarified Wednesday that it is not a party in the action between two developers – Marvelgold Development Sdn Bhd and Unsur Pancar Sdn Bhd – in the High Court Tuesday over the controversial road access right to Gardens Condominium via Taman Formosa.
The PDC said it was initially a party in the originating summons as the first defendant and Unsur Pancar, the second defendant, before the action against the council was dismissed by the High Court and then affirmed by the Court of Appeal last year.
Legal counsel for PDC, PK Lim, said the order granted by the High Court on Tuesday was only against Unsur Pancar Sdn Bhd, the developer of Taman Formosa, and none of the rulings made were against the PDC because it is no longer a party in the action.
“PDC is not a party to the action between Marvelgold Development and Unsur Pancar. The order granted by the High Court on Tuesday was only against Unsur Pancar, the developer of Taman Formosa,” he told a press conference.
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Lim said in the short ruling Tuesday, Judge Martin Idang ruled that the developer Marvelgold Development has a legal and/or equitable right to pass and repass Lorong Taman Formosa B and Jalan Taman Formosa, or such part of the road reserve thereof as rightful access to and from Jalan Bundusan main road to the Marvelgold condominium.
He said the court also ordered a form of an injunction against the developer of Taman Formosa to remove the obstruction placed by them over Lorong Taman Formosa B. The judge also awarded global cost of RM50,000 to Marvelgold Development.
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“The said obstruction as mentioned had nothing to do with PDC,” he said.
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